Rajnigandha Properties Limited v. Income Tax Officer Ward 4/1 And Ors

OD –3 ORDER SHEET WPO/2906/2022IN THE HIGH COURT AT CALCUTTACONSTITUTIONAL WRIT JURISDICTIONORIGINAL SIDE RAJNIGANDHA PROPERTIES LIMITEDVSINCOME TAX OFFICER WARD 4/1 AND ORS. BEFORE: The Hon'ble JUSTICE MD. NIZAMUDDIN Date: 24[th]November, 2022. Appearance:Ms. Swapna Das, Adv.Mr. Siddharth Das, Adv.…For the PetitionerMr. S. Roy Chowdhury, Adv.…For the Revenue The Court: Heard learned counsel appearing for the parties.Affidavit of service filed in Court be kept with the records. By this writ petition, petitioner has challenged the impugned orderdated 27[th] July, 2022 under Section 148A(d) of the Income Tax Act, 1961relating to assessment year 2017-18 on the basis of notice under Section148A(b) of the Act dated 20[th] May, 2022 on the ground that the impugnedorder is without jurisdiction and in contravention of Section 149(1)(a) of theIncome Tax Act, 1961 under which an assessment cannot be reopenedbeyond three years from the end of the relevant assessment year where theincome escaped does not exceed Rs. 50 lakhs and in spite of the factual andlegal position, the assessing officer has refused to drop the impugned re-assessment proceeding. On perusal of the notice under Section 148A(b), Ifind that even in that notice also, the assessing officer has recorded that income chargeable tax is amounting to Rs. 6,75,000/- which is admittedlybelow Rs. 50 lakhs. Mr. Roy Chowdhury, learned advocate appearing for the respondentIncome Tax authority could not justify and convince this Court in defendingthe impugned order under Section 148A(d) of the Act. Considering the facts and circumstances of this case as appears fromrecord and submission of the parties, this writ petition being WPO 2906 of2022 is disposed of by quashing the aforesaid impugned re-assessmentproceeding. By this order, this writ petition being WPO 2906 of 2022 is disposed ofaccordingly. TR/ (MD. NIZAMUDDIN, J.)